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DEED OF TRUST <br />Laan No: 101237344 �. : (Continued) c� O�1 � O�� p J Page 8 <br />�G 1 t7 <br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property 6ecomes <br />vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this <br />beed of Trust and the Indebtedness by way of fprbearance or extension without releasing Trustor from the obligations of this Daed of <br />Trust nr liability under tha Indebtedness. <br />time is af the Essence. Time is af the essence in the performance of this Deed of Trust. <br />Waiver of Momestead Examption. Trustor hereby releases and waives all rights and benefits of the hnmestead examp#ipn Isws of the <br />State of Ne6raska as to all Indebtedness secured by this Deed of Trust. <br />pEFINITIQNS. The following capitalized words and terms shall have the following meanings when ussd in this Deed of Trust. Unless <br />specifically stated to the contrary, all referencas tn doller amounts shall mean amounts in lawful money of the United States of America. <br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words <br />and terms not ptherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commerciei Code: <br />Beneficiary. The word "8eneficiary" means Five Points Bank, and its successors and assigns. <br />Borrower. The word "Borrawer" means TRI-CITIES GROUP INC, TMOMAS URBAN and GENE A SCHACHER end includes ell <br />co-signers and co-makers signing the Note and ell their successors and assigns. <br />Deed of Trust. The words "Deed of Trust" mean this qeed of Trust among Trustor, Lender, and Trustee, and includes without <br />limitetion all assignment and security interest provisions relating tp the Perspnal Property end Rents. <br />Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". <br />Environmentai Lnws. The words "Environmental Laws" mean any and all state, faderel and local statutes, regulations and ordinances <br />ralating to the protection of human health or the envirnnment, inpluding without limitation the Comprehensive Environmental <br />Response, Compensation, and Liability Act of 1980, ss amended, 42 U.S.C. Section 9601, et seq. ("C�RCLA"�, the Superfund <br />Amendments and Resuthoriza#ipn Act of 19$6, Pub. L. No. 99-499 ("SARA"1, the Hazardaus Materials Transportation Act, 49 U.S.C, <br />Sectivn 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or <br />federal laws, rules, or regulations adopted pursuant therstn. <br />Event of Defeult. The words "Event of DefaulY' mean any of the events of default set forth in this Deed of Trust in the events of <br />default sectian of this Deed of Trust. <br />Gueranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation e gueranty of all or part of the Note. <br />Hazardous 5ubstances. The words "Wazardous Su6s#ences" mean materials that, because of thair quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or tha anvirpnment <br />when improparly used, treated, stored, disposed of, generated, manufactured, transported vr otherwiss handled. The words <br />"Hazardous Substances" are used in their very braadest sensa end include without limitation any and all hazardous or toxic <br />substances, materials or waste as defined by or listed under the Environmantal Laws. The term "Hazardous Substances" also <br />includes, without limitatian, petroleum and petroleum by-products ar any fraction thereof and asbestos. <br />Impravements. The word "Improvements" means all existing and future imprpvaments, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacementa and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means all principal, interas#, and other smpunts, cnsts end expenses payable under the Note <br />or Related Documents, together with ell renswals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Dncuments and any emounts expended or advanced by Lender to discharge 1"rustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of 7rust, together with interest on such amounts as provided in this <br />Deed of Trust. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. <br />Note. 7he word "Nate" means the promissory note dated December 17, 2010, 111 the OI'Ig117a1 principal afT10U11t Of <br />$200 ,449.50 from Borrower to Lender, together with all renewals of, extensions of, modifications nf, refinancings of, <br />consolidations of, and substitutions for the promissory nota pr agreement. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, end other articles of personal property now or <br />hereafter owned by Trustor, and nnw or hereafter attached or affixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without <br />limitation alt insurance proceeds and refunds of premiums) from any sele nr other disposition nf the Property. <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether naw ar heraafter axisting, executed in connectipn with the Inde6tedness. <br />Rents. The word "Rents" means all present and future rents, revenues, incama, issues, rpysltias, prpfits, and other benefits derived <br />frnm the Property. <br />Trustee. The wprd "Trustee" means FIVE POINTS BANK, whose address is P.O BOX 1507, GRAND ISLAND , NE 68$02-1507 and <br />any substitute or successor trustees. <br />trustor. The word "Trustor" means GETO, LLC; THOMAS URBAN; and G�N� A SCHACHER. <br />